Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: CRAGINK on April 18, 2025, 08:03:58 pm

Title: Re: Court form received requesting financial details
Post by: jfollows on April 17, 2026, 03:46:46 pm
Even if you lose in court, your CCJ will not be recorded or adversely affect you as long as you pay within 30 days. But don’t get ahead of yourself.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 17, 2026, 03:18:39 pm
Ok thanks, is there anything else I should say? What about the fact that they paid late and didn't complete the forms properly (an assumption by someone on this forum).

I assume I'm going to lose in court and have to pay and get a CCJ.
Title: Re: Court form received requesting financial details
Post by: jfollows on April 17, 2026, 03:11:57 pm
If they aren’t bothered to turn up in court you need to make this one of your defence points. Their lack of respect for the court and for you is significant. If you are unable to question them in person in court then you are at a significant disadvantage.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 17, 2026, 03:07:05 pm
Hi

I've just received an email from the solicitors with a copy of their witness statement, both of which I attach below.

Can anyone provide some advice please? Thanks




We act for the Claimant in the above matter.

By way of filing, please find attached the Claimant's Witness Statement.

CPR Part 27.9 notice of non-attendance

We kindly request that the Court decide the outcome of the Claim in the Claimant’s absence in the interest of proportionality and to save incurring further costs. No disrespect is intended to the Court or the Defendant.

Please accept this email as the Claimant’s notice of non-attendance sent in accordance with Civil Procedure Rules (“CPR”) 27.9. We kindly request that the Court consider the said Witness Statement in lieu of attendance. 

We confirm the Claimant’s compliance with CPR Part 27.9 paragraphs (a) and (b).

Yours faithfully

Hannah Shaw




This is the witness statement. I have until Tuesday to send this off. Any advice would be appreciated. Thanks

I, Sala Ahmed, of Moorside Legal Services Limited (“Moorside”), Unit 1.01, Hollinwood Business Centre
Albert Street, Failsworth, Oldham, England, OL8 3QL, will say as follows:
INTRODUCTION
1. Moorside are the Solicitors instructed by the Claimant. I am a Solicitor employed by the firm,
authorised to conduct litigation and have responsibility for this matter. I am duly authorised by
the Claimant to make this statement on their behalf.
2. Unless I state otherwise, the facts and matters set out in this Statement have been provided to
me by the Claimant and are true to the best of my knowledge, information and belief.
3. I make this statement in support of the Claimant’s Claim for the hearing listed on 05/05/2026 at
10:00.
PARTIES
4. The Claimant is a company whose primary business is to manage parking on private land. It does
so by displaying signs on the land setting out the rules of parking and issuing private parking
charge notices to any vehicle found parked on that land without following the Rules.
5. The Defendant is indebted to the Claimant in relation to an unpaid private parking charge notice
issued by the Claimant with the following details (“the PCN”): -
GJ62WVL
TOYOTA YARIS EDITION VVT-I
Date issued 2nd March 2022
Vehicle Registration (“the Vehicle”) Vehicle details Location (“the Land”) and reason Broadway Surface Car Park The Broadway Crawley
A1
RH10 1HD
The motorist did not pay for sufficient parking in
contravention of the terms and conditions of the car
park
ACCREDITATION
6. At the time the PCN was issued the Claimant was a member of the British Parking Association
(“BPA”). The BPA is one of the two Accredited Trade Associations (“ATA”) for the parking
industry. To maintain its membership the Claimant must follow the BPA Code of Practice (“the
Code”).
THE LAND
7. At the time the PCN was issued the Claimant was instructed by the private Landowner to
manage parking on the Land.
8. Specifically, the Claimant was instructed and authorised to; display signs on the Land detailing
the parking rules that motorists must follow whilst on the Land, issue PCNs to those found
contravening the rules, collect payment of the PCNs, and take steps to recover payment from
those motorists that do not pay.
9. Exhibited to this statement at (“SA1”) is a redacted copy of the Agreement between the
Claimant and the Landowner. All material sections demonstrating the Claimant’s instruction
remain visible. The redacted sections contain commercially sensitive information or information
that bears no relevance to this matter.
10. The Claimant’s management practices are compliant with the Code.
MANAGING THE LAND
11. The Claimant manages parking on the Land by displaying prominent signs that set out the rules
of parking. The signs are large, written in plain English and highly visible to anyone entering
the Land. Any motorist entering the Land would be able to see and easily understand the signs.
12. Legally speaking, the signs make a unilateral offer to park, and form a Contract between the
Claimant and any motorist who chooses to park on the Land. The wording on the signs forms
the Terms and Conditions of the Contract. Because the offer is unilateral, it is accepted by
performance (i.e. by parking) and does not require verbal or written acceptance.
13. Any motorist that accepts the offer to park and complies with the Terms and Conditions can
remain on the land under a contractual license granted by the Claimant. Conversely, any
motorist that accepts the offer but breaches the Terms and Conditions set out in the Contract
will be liable to pay the contractual charge.
14. Exhibited to this statement at (“SA2”) are photographs that have been provided to me by the
Claimant showing signs in situ on the Land. I am instructed by the Claimant that these are an
accurate representation of the signs displayed on the Land when the Defendant was issued
with the PCN.
15. Exhibited to this statement at (“SA3”) is the artwork of those signs. These are included to ensure
there is certainty in respect of the content of the Contract.
A2
16. Exhibited to this statement at (“SA4”) is a site map showing where on the Land the signs were
displayed.
17. It is the Claimant’s position that the contractual charge is necessary to ensure the Land is used
appropriately and fairly for the benefit of nearby residents and/or businesses. It is therefore
commercially justified for that reason.
DETAILS OF THE PCN
18. The Vehicle was observed parked on the Land Parked in breach of the terms and conditions.
Exhibited to this statement at (“SA5”) is the Claimant’s photographic evidence of the vehicle
parked as described.
19. The vehicle was parked in breach of the Terms and Conditions because the signs stated the
following:
“Failure to pay the appropriate tariff may result in a Parking Charge Notice.”
20. In view of the fact the vehicle was parked on the Land in breach of the Terms and Conditions
of the Contact, the driver was liable to pay the contractual charge of £100.
21. To request payment of the charge, the details of the Registered Keeper were obtained from the
DVLA. The Claimant has the right to make this request pursuant to Section 4(1) of Schedule 4
of the Protection of Freedoms Act 2012 (“POFA”). Once those details were received a ‘Notice
to Keeper’ compliant with Section 9 of POFA was given, requesting payment. Exhibited to this
statement at (“SA6”) is a copy of the Notice to Keeper.
DEFENDANT’S LIABILITY
22. The Defendant is liable for the charge because they were the Registered Keeper of the vehicle
at the time the PCN was issued. The Claimant sent Notices compliant with POFA as set out
above, therefore permitting it to recover payment from the keeper.
23. The Defendant was afforded the opportunity to nominate a driver, if it was not them, and in this
case they did not.
APPEAL
24. The Claimant provides motorists with the option to appeal a parking charge if they believe was issued incorrectly. In relation to this PCN, the Defendant did not appeal.
it
ADDITIONAL CHARGE
25. As the parking charge continued to be unpaid by the Defendant, the Claimant escalated the
matter to debt recovery action, and levied an additional charge in the sum of £70.00, increasing
the amount owed to £170.00. This additional charge is levied by the Claimant to protect their
legitimate interest; the increase of the PCN amount represents a deterrent to encourage
debtors to pay at the earliest opportunity, without the need for matters to escalate further. In
this regard I refer to the Contract (i.e. the sign) which stated the following:
A3
“If the Parking Charge remains unpaid after 28 days, an administration fee may be
added and debt recovery or court action may be taken”.
26. The above clause of the Contract was agreed in the same way and at the same time the other
Terms and Conditions were. If the Defendant had paid the charge at the outset, the Claimant
would not have needed to take any such ‘debt recovery’ action including taking the time and
resource to instruct Solicitors, and as such the Claimant would not have increased the PCN
amount.
27. The additional charge is in line with the limits set by the Code of Practice and is not more than
is necessary to protect the Claimant’s legitimate interest. The additional charge is sought as an
increase of the PCN amount.
PRE-ACTION PROTOCOL
28. In compliance with the Pre-Action Protocol for Debt Claims, on behalf of the Claimant, Moorside
sent a letter compliant with the Protocol to the Defendant.
29. No payment was received from the Defendant, therefore, proceedings were issued to recover
the outstanding debt.
DEFENCE RESPONSE
30. By entering and parking the vehicle on the Claimant’s private land, the Defendant agreed to
enter into a contract with the Claimant and to be bound by the terms and conditions of that
contract.
31. The terms and conditions were clearly displayed in and around the private location. When
remaining on the premises, all motorists are required to make full payment for the duration there
vehicle is parked.
32. The additional charge which has been levied on your Parking Charge of £70 is the amount set
out in both the British Parking Association and International Parking Community Codes of
Practice as the amount which may be added to a Parking Charge when a Parking Charge
remains unpaid and when further recovery is required. Our Client adheres to the ATA’s Code
of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in
relation to the Parking Charge amount, in order to encourage early payment of the Parking
Charge without the need for debt recovery. It is a fair amount set by our Client’s government-
approved Accredited Trade Association Code of Practice. There are however also costs
incurred by our client in relation to debt recovery services.
33. The Defendant was previously given the opportunity to settle the PCN at £60.00 within 14 days
of receipt. This opportunity has passed as the Claimant had to take debt recovery action and
issue legal proceedings.
34. The Claimant asserts that they gave the Defendant the opportunity to appeal this PCN, if the
Defendant believed they were not liable to make payment for this outstanding charge. The
Defendant disregarded this opportunity and made no appeal to the Claimant.
35. If the Defendant had a genuine dispute and believed that they were not liable for this Parking
Charge Notice, they had the opportunity to raise the same to the Claimant, as well as Moorside
Legal at the earliest stage they were given. As no appeal was made, the Claimant asserts that
the Defendant does not hold a sufficient defence.
A4
36. In view of the above, it is the Claimant’s position that payment of the PCN remains outstanding.
CONCLUSION
37. It is respectfully submitted that the Claimant has proven its Claim on the balance of probabilities,
and the Defence is entirely without merit.
38. The Claimant seeks Judgment in its favor for the balance of the Claim, including the following:
Amount claimed: 176.26 (plus interest)
Court fee on issue: 35.00
Solicitors’ costs on issue: 50.00
Hearing fee: 27.00
39. If the Court is minded not to award the Claimant Judgment, the Claimant submits that costs
should be limited to those allowed on the Small Claims Track pursuant to CPR 27.14. Further,
any costs awarded to the Defendant as a litigant in person should be limited to the rate of
£24.00 per hour pursuant to the Practice Direction 46.5 Part 3.4. Further, the Claimant submits
that it has not acted unreasonably in bringing this claim and has attempted to agree an amicable
resolution with the Defendant throughout proceedings.
STATEMENT OF TRUTH
I believe that the facts stated in this witness statement are true. I understand that proceedings for
contempt of court may be brought against anyone who makes, or causes to be made, a false statement
in a document verified by a statement of truth without an honest belief in its truth. I am authorised by
the Claimant to make this statement.
Signed:
Name: Sala Uddin Ahmed
Date: 17/04/2026
Position: Litigation Solicitor
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 17, 2026, 07:54:24 am
Morning all
I found the correct email and emailed Brighton County court yesterday. Received an email this morning to advise that the court fee has been paid by the claimant. It was on 16th April. I asked if the hearing will still go ahead even though the payment was late. Waiting for them to reply.

So, I'd like to prepare my witness statement. What should I say.

Thank you
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 16, 2026, 04:04:50 pm
I have called the number the court papers have listed on their letter twice, once on the 8th and then today. They told me that they can't be sure that the fees have been paid because their system has not been updated. They advised me to email the court (Brighton County) and ask. I've just done that but the email they gave me is incorrect, so message failed to send. And apparently there's no public number to call them on.

Should I prepare my witness statement as I have up to 22nd to send it to them. What should I say in the statement?

Thanks

Title: Re: Court form received requesting financial details
Post by: jfollows on March 31, 2026, 04:29:00 pm
It means that they give up and the case never goes to court in the first place.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on March 31, 2026, 04:21:30 pm
OK thank you.

So if they don't pay the court fee, then the case is dismissed?
Title: Re: Court form received requesting financial details
Post by: InterCity125 on March 31, 2026, 04:19:07 pm
Don't over think this.

On 8th April you will ring the court and see if the hearing fee has been paid.

Given that they offered settlement at £100 generally demonstrates that they don't like their chances in court.

They will likely discontinue before that date.
Title: Re: Court form received requesting financial details
Post by: jfollows on March 31, 2026, 04:12:14 pm
I don't have any witnesses.
Yes, you do.
It’s your statement.
But you only care about it if they pay the court fee earlier in the month.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on March 31, 2026, 04:01:25 pm
I don't have any witnesses.
Title: Re: Court form received requesting financial details
Post by: jfollows on March 31, 2026, 12:57:02 pm
A Witness Statement, eg https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

By April 22 I think.

There are Witness Statements on other threads in the forum also.

More words at https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32#witness
Title: Re: Court form received requesting financial details
Post by: CRAGINK on March 31, 2026, 12:38:28 pm
If the trial fee is paid, which documents do I need to prepare?
Title: Re: Court form received requesting financial details
Post by: InterCity125 on March 31, 2026, 12:21:31 pm
Given the dates stated, it looks like you can wait and see if the trial fee is paid before preparing your documents.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on March 31, 2026, 12:08:30 pm
https://ibb.co/d19rV1z
https://ibb.co/bMQZr36R
https://ibb.co/BHTXFsHD
https://ibb.co/674bSJjw
https://ibb.co/ymWqvmTV
Title: Re: Court form received requesting financial details
Post by: jfollows on March 20, 2026, 02:25:28 pm
Please post whatever you have received, especially if they include other dates for other things.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on March 20, 2026, 02:07:18 pm
Hi
I have received a court date for 5th May at Brighton County Court. What should I do now? Thanks!
Title: Re: Court form received requesting financial details
Post by: b789 on November 12, 2025, 02:14:18 pm
Ignore it. If they are so sure of their position, why would they want to settle for less? They are trying to avoid getting a spanking in court.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on November 12, 2025, 01:47:57 pm
Hi
I've just received another email from Moorside Legal; the offer to settle has now gone up to £180. Should I ignore it?



We write in relation to the above matter.

Settlement Proposal

Our Client remains open to settling the matter without the need for the Claim to progress further, and as such proposes the following settlement options:

£180.00 via one lump sum payment payable within the next 7 days; or

£200.00 via 2 monthly payments with the first payment due within the next 7 days.

How to pay

There is still time to make payment to avoid the need for a Court hearing. You can do so in any of the following ways: -

You can call us on 0330 828 5850 to make the relevant payment arrangements. You will need you customer reference number - 10118660; or
You can make payment via bank transfer to the following account -
Account holder name: Moorside Legal Services Limited
Bank name: Lloyds bank
Sort code: 306541
Account number: 49689760

If you choose to make payment, via bank transfer you must use the following reference as your payment reference 10118660  to ensure we can quickly allocate the payment to your matter. If you do not, we may not be able to allocate the payment to your matter
 
If you choose to make regular card payments to us these will be made under a Continuous Payment Authority ('CPA'). This authorises us to take the agreed amount on a regular basis. CPAs can be set up weekly, fortnightly, or monthly. If we are unable to take your payment, we will attempt to take the payment later that day. If that fails, we will reattempt the next working day.
 
If you wish to provide an alternative payment proposal, please contact us within 7 days of receipt of this email.
 
If the Claim is not settled
 
We hope this matter can be settled without further Court action, however if we are not able to reach a settlement, we are instructed to prepare for a Court hearing.
 
You should be aware that any further action could incur further fees and costs, and our Client may seek to recover them from you.
 
You may wish to seek independent legal advice.
 
Yours sincerely
Hannah Shaw
Title: Re: Court form received requesting financial details
Post by: jfollows on August 28, 2025, 01:46:11 pm
If you leave it it will gradually reduce to £0. You are only paying for certainty, and I feel the collective advice here is that if you stay the course you will pay nothing, but of course this is not totally certain.

See Reply #29 above.

Anyone who asks for £240 at mediation, then reduces to £100, is only headed in one direction.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on August 28, 2025, 01:23:56 pm
Hi
I've had my mediation and offered £0. I received a letter to say the claim has been transferred to Brighton. In the meantime, Moorside Legal wrote to me and asked me to pay £100 instead of £240 which they requested at mediation. See letter below.
Should I respond to them or leave it?


Without Prejudice Save as to Costs
 
Dear Sirs,
 
We email to propose a settlement offer.
 
Whilst we are willing to present our evidence to the Court, as a gesture of goodwill and to put this matter at rest, we propose a settlement.
 
Our final offer is £100
 
Should you decline this offer, we will present our evidence to the Court, requesting the full outstanding balance and further costs including hearing fee expenses.
 
This offer cannot be accepted at Court.
 
To make payment you can do so in any of the following ways:
 
You can call us on 0330 828 5850 to make the relevant payment arrangements. You will need your customer reference number; or
 
You can make payment via bank transfer to the following account:
Account holder name: Moorside Legal Services Limited
Bank name: Lloyds bank
Sort code: 306541
Account number: 49689760
 
 
Kind regards,
Kai Ali
 
Logo   
      Kai Ali
      Paralegal

      0330 828 5850
      moorsidelegal.co.uk
Title: Re: Court form received requesting financial details
Post by: b789 on July 29, 2025, 11:38:59 am
Stop panicking. The mediation call is not part of the judicial procedure. All you do is offer £0 and it will be over in minutes. If the non-legally trained mediator tries to offer you any advice about your defence, complain. The mediation is a complete waste of time.

You have already submitted your defence. The claim is defective as it does not state any cause of action. If it isn't struck out after allocation, it will be discontinued.

After your 5 minute mediation call, you will receive a letter from the court telling you that your case has been transferred to your local county court and then a judge will review the defence and make an order whether to strike it out or will adding a hearing date and deadlines for the claimant to pay the £27 trial fee and the deadline for submitting witness statement.

Come back when you receive the notice of allocation and the dates/deadlines.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on July 28, 2025, 08:57:53 pm
My mediation is coming up in a few days. If the case ends up in court, what would my defence be? What do I actually say in court (never been in this position before)?
Title: Re: Court form received requesting financial details
Post by: CRAGINK on July 09, 2025, 11:18:35 am
Great! Thank you
Title: Re: Court form received requesting financial details
Post by: b789 on July 09, 2025, 10:56:40 am
If you're "weighing up probabilities", then the odds of this going all the way to hearing and you losing are about 1% or less.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on July 09, 2025, 10:03:24 am
I've now received a mediation date for the end of the month. If I offer £0 and I go to court, what are the chances of me winning? I read another case on here and the gentlemen did exactly that and lost. I don't mean to be negative, but I'd like to weigh up the probabilities.
Thanks
Title: Re: Court form received requesting financial details
Post by: b789 on June 03, 2025, 05:54:11 pm
You can simply download your own N180 and complete it now. Just don't send it until you either receive your own postal version or check your MCOL history and when it says that yours has been sent, just send your prepared one by email as advised.

Yes, mediation will be next but this is not part of the judicial process and there is no judge involved. I tis just a formality and your only requirement is to "attend" the call. You simply offer £0, don't get into any discussion about your defence and it will be over in minutes.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on June 03, 2025, 04:12:40 pm
I've just emailed Moorside Legal exactly as you've suggested.

I haven't received my own N180 yet. Moorside just enclosed Carflow's form in the letter they sent me. Shall I just download the form as you suggest or wait until the court send me my own and then download the form.

Would the next stage be mediation if they continue to pursue the claim?

Thanks
Title: Re: Court form received requesting financial details
Post by: CRAGINK on June 03, 2025, 11:17:31 am
Thank you! Will do that asap.
Title: Re: Court form received requesting financial details
Post by: b789 on June 02, 2025, 11:47:31 pm
Whilst it is not a requirement to respond to that letter, I suggest you do with the following by email to help@moorsidelegal.co.uk and CC in yourself:

Quote
Your Ref: CARFLOW/28

Dear Sirs,

Re: Carflow Ltd v [Your Name] – County Court Claim No. [insert number]

I write in response to your letter dated 28 May 2025.

I note your position but stand fully by my Defence. The Particulars of Claim remain non-compliant with CPR 16.4(1)(a) and are materially indistinguishable from those struck out in CEL v Chan [2023] and CPMS v Akande [2024], which are persuasive authorities directly relevant to this claim.

In the interests of saving court time and avoiding unnecessary cost to either party, I make an open offer: that this claim be discontinued with no order as to costs – a standard drop hands resolution.

This offer is made on an open basis and may be shown to the court on the issue of conduct and costs. If your client unreasonably refuses this opportunity and the claim is struck out or fails, I will rely on this letter in support of an application for costs under CPR 27.14(2)(g) and the White Book annotation at 38.6.1, which confirms that unreasonable behaviour can justify a costs order even on the small claims track.

I also refer you to the Upper Tribunal’s comments in Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 0290 (LC) (https://www.bailii.org/uk/cases/UKUT/LC/2016/290.pdf), where it was confirmed that:

The fact that the conduct complained of takes place in proceedings allocated to the small claims track does not mean that it cannot be unreasonable. A party who behaves unreasonably can expect to bear the costs of that unreasonable behaviour.

If I do not receive confirmation of acceptance within 14 days, this offer will be deemed rejected and withdrawn.

Yours faithfully,

[Your Name]

Regarding their copy of their N180 DQ, just follow this advice:

Quote
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on June 02, 2025, 09:43:11 pm
Hi!

I've received a letter from Moorside Legal after following your advice.

https://imgur.com/a/ZMX3wNR

They've also attached an N180 Directions Questionnaire about mediation.

What should I do now?

Thanks

Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 22, 2025, 08:52:17 pm
Thanks for the link. I was in a hurry to email the documents over, had to work today.

'They' are the people I called, the number you gave me. I don't know the issue date. The lady on the line told me I had until 27th to file a defence.

Anyway, I'm glad it's all done for now. Was so stressed over the weekend.

Title: Re: Court form received requesting financial details
Post by: b789 on April 22, 2025, 12:43:16 pm
It's not rocket science to merge to separate PDF files into one! You could have simply searched for a free online pdf app. I recommend https://www.pdf2go.com

Anyway, it's too late now if you've already sent it.

Who is the "they" that said you have until 27th April to file your defence? They are talking 'testicles' as no filing can take place on a weekend or a bank holiday. 27th April is a Sunday. If that was the date the "they" thought was your deadline, "they" should have understood that the deadline would be 4pm Monday 28th April!!!!

I wouldn't trust the "they" who gave you that advice unless you were told the "issue date" of the claim was Tuesday 8th April. Was it?
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 22, 2025, 09:44:23 am
b789 I have my claim number and have just emailed the court. Though I couldn't do it in a single PDF attachment like you suggested. I attached them separately. Does that make a difference?

They said I had until 27th April to file my defence!

Thanks again for you and DWMB2's help. I'll keep you posted.
Title: Re: Court form received requesting financial details
Post by: DWMB2 on April 21, 2025, 12:36:59 pm
Be prepared for a fair wait on the phone. Call as soon as they open.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 21, 2025, 12:16:53 pm
I'll do it first thing tomorrow. Thank you so much!
Title: Re: Court form received requesting financial details
Post by: b789 on April 21, 2025, 11:49:53 am
If you've not responded, then it is still with the CNBC. Call them as early as possible on 0300 123 1056.

Ask to speak to someone about a claim issued against you where you do not have the claim number. Be prepared to provide:

• Your full name
• Your full current address
• Possibly your date of birth (to help distinguish you from others with the same name)

They will not give details unless they can identify you confidently.

However, you must understand that by not having the claim number you are now delaying getting your defence registered for another day. I cannot stress how badly you've been advised by these nutcases and you are now at very serious risk of getting a CCJ by default!
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 21, 2025, 11:31:45 am
OK thank you for that!
I don't have a claim number. Should I call the court tomorrow? How do I find which court the claim is lodged in?
Title: Re: Court form received requesting financial details
Post by: b789 on April 21, 2025, 11:08:31 am
As you never even opened the Claim, you do not have access to MCOL to do it online today. This is a SNAFU that could go FUBAR very easily.

Without seeing the actual PoC, it is difficult to advise precisely. However, as you have very limited time to get this done and do't have access to MCOL, the only way you can do anything is to email your defence to the CNBC today. It won't even be dealt with until some time eon Tuesday, if you're lucky, and you have to hope that Moorside Legal don't request a default CCJ before the defence is entered into the system.

As it is the incompetents at Moorside Legal that have filed the claim, I am fairly confident that they will not have complied with CPR 16.4(1)(a) so you need to follow these instructions:

Here is the defence and link to the draft order and relevant transcripts that go with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you send all the documents as a single PDF attachment (in the order of 'defence', 'draft order' and then the 2 'transcripts') in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Carflow Ltd v [your full name] Claim no.: [claim number]."

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Carflow Ltd

Claimant

- and -

[Defendant's Full Name]


Defendant



DEFENCE

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4(1)(a).

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.

5. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4.(1)(a). The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Failed to explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.

6. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4(1)(a).

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence (https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0)

CEL v Chan Transcript (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0)

CPMS v Akande Transcript (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0)

If you want an editable MS Word file with everything in a single document which you can then save/export as a single PDF file when ready to send, use this:

MS Word .docx file for defence [CPR 16.4(1)(a)] (https://www.dropbox.com/scl/fi/krubcbnf27bsis66pq4yg/Short-defence-strikeout-CPR16.4-1-a-3.docx?rlkey=z87f3h8is3hgnp7sqr8plsz99&st=ldawlubu&dl=0)
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 21, 2025, 10:31:01 am
Hi
Sorry its taken so long to reply.
It's been a total nightmare registering with Experian (long story) but now registered with Checkmyfile and it looks like I don't have a CCJ yet. Credit score is still good.

What should I do now?

Hey, thanks for all your help. I appreciate its the bank holiday weekend.
Title: Re: Court form received requesting financial details
Post by: DWMB2 on April 19, 2025, 06:37:40 pm
Quote
You could try and sue the nutters
Not if they're operating under admiralty law  ::)

(OP, I'm not criticising you, I'm criticising the fools who offered you the previous shoddy advice)

For now, check your credit file to see where you're up to.
Title: Re: Court form received requesting financial details
Post by: b789 on April 19, 2025, 04:37:33 pm
If I do have one, how do I get it removed?

If you have a CCJ that has been issued by default because you followed bonkers advice from a bunch of whackos, then you probably can't.You could try and sue the nutters that have now screwed you for the next 6 years of financial hell, but I doubt that is going to get you much satisfaction.

If a claim hasn't been issued yet, then anything issued by the utter incompetents at Moorside Legal is very easily defended and won.
Title: Re: Court form received requesting financial details
Post by: JustLoveCars on April 19, 2025, 01:42:14 pm
Should I contact Moorside Legal and the courts to see where things are at?
Given they'll all be closed until Tuesday try using a free credit checker to see if you do have a CCJ registered...
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 19, 2025, 12:49:24 pm
Should I contact Moorside Legal and the courts to see where things are at?
Title: Re: Court form received requesting financial details
Post by: DWMB2 on April 19, 2025, 11:24:43 am
Find out if you have one first. There's no point us providing you with detailed instructions on the set aside process if you don't have a judgement to set aside.

The problem we have at present is we don't know what stage any claim is up to.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 19, 2025, 11:22:01 am
If I do have one, how do I get it removed?
Title: Re: Court form received requesting financial details
Post by: DWMB2 on April 19, 2025, 11:19:48 am
My worry is you may already have one, as we don't know what exactly you've sent back... Checking your credit file with one of the credit reference agencies (such as Experian) may be wise.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 19, 2025, 11:17:52 am
No I don't. I sent it back. Does that mean I'll get a CCJ now?
Title: Re: Court form received requesting financial details
Post by: DWMB2 on April 19, 2025, 11:15:32 am
With a Letter of Claim dated in December there's a very good chance this has proceeded to a claim. In your initial post you mention some correspondence from a court... Do you have this?
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 19, 2025, 11:04:18 am
(https://i.imgur.com/qEsMBK5.jpeg)

(https://i.imgur.com/5HXRFH1.jpeg)

This is the letter from Moorside Legal. I received another one last week but I sent it back and stupidly didn't take a copy.

And yes I have ben receiving advice from forums like those you've mentioned.
Title: Re: Court form received requesting financial details
Post by: DWMB2 on April 19, 2025, 09:49:11 am
Sounds like you've been advised by 'Sovereign Citizens'/'Freeman on the Land' types. We have a thread about them - FOTL and Other Misguided Folk (https://www.ftla.uk/the-flame-pit/fotl-and-other-misguided-folk/).

We don't need to see anything from debt collectors (DCBL), but anything from DCB Legal (similar name, different firm) or Moorside would be useful.
Title: Re: Court form received requesting financial details
Post by: CRAGINK on April 19, 2025, 09:18:08 am
I was advised to write this on the envelop:
return to sender (opened in error)
returned for cause
without dishonour in commerce
no lawful or legal contract
offer to contract declined

I'm still trying to figure out how to use Imgur to upload a couple old letters I have from DCBL and Moorside Legal. I don't have the original PCN but I do have the notice number.

Thanks DWMB2

Title: Re: Court form received requesting financial details
Post by: DWMB2 on April 18, 2025, 08:20:09 pm
Unfortunately it seems you have been offered duff advice.

Without seeing exactly what you have received it will be difficult for us to advise you. Please read the following thread and provide as much of the information it asks for as you are able to - READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)

Copies of the forms you returned to sender (if you took copies) would be particularly useful. It would also be useful to know what you wrote when returning said letters.
Title: Court form received requesting financial details
Post by: CRAGINK on April 18, 2025, 08:03:58 pm
Hi All

I received a PCN in March 2022 and I was advised by people on a different forum to simply ignore it, which I did.

Unfortunately, I received a court form requesting details of my income and outgoings etc and a letter from Moorside Legal saying that they have referred me to court.

Again upon advice, I 'returned to sender' both letters (and didn't keep a copy). I don't have the original PCN as it had been so long since I was chased, I thought it was cancelled. However, I do have letters from Moorside Legal, just standard ones requesting payment.

What can I do at this stage?

Many thanks.